“In Roe, the justices ruled the right to an abortion arose out of a right to privacy, which isn’t explicitly spelled out in the Constitution but rather assembled through the guarantees of the 14th Amendment. Over the decades, the Supreme Court has built a Jenga tower of legal reasoning around the existence of that right to privacy and how rights may be extrapolated from the Constitution. Pull out one block, like Roe, and you threaten to topple the whole thing, experts say. …
“In Roe, the justices ruled the right to an abortion arose out of a right to privacy, which isn’t explicitly spelled out in the Constitution but rather assembled through the guarantees of the 14th Amendment. Over the decades, the Supreme Court has built a Jenga tower of legal reasoning around the existence of that right to privacy and how rights may be extrapolated from the Constitution. Pull out one block, like Roe, and you threaten to topple the whole thing, experts say.”
It seems to be true. OTOH, in most countries in the world, various rights are political acts, not seen as coming from some authority outside of politics. The interesting question is what the political balance is … and whether activists are willing to wage an ordinary political fight for these rights.